LAND ACQUISITION WITH SPECIFIC REFERENCE TO PESA & FRA Presented by Collector & DM, Kalahandi

PROCESS OF LAND ACQUISITION UNDER LA ACT Filing of LA proposal by Requisitioning Authority Joint Verification of RORs and land Details Issue Notice for Convening Gram Sabha Gram sabha consultation Submission of Estimate to Admn. Deptt for sanction Invite objection u/s 5(1) Newspaper Publication & Gazette notification Issue notice u/s 4(I) of LA Act Ratification by Panchayat Samiti Approval of estimate by Administrative Dept. Declaration by Rev Dept. u/s 6 of LA Act. Publication in 2 local Newspaper & Gazette Notice in localing Order under Section 7 directing Collector To acquire the land Disburse payment, take possession & hand over possession Issue notice u/s 12(2) of LA Act for effecting payment Inquiry and award by the Collector under Section 11 Public notice under Section 9 (PESA Requirements) Submission of proposal to R&DM Deptt.

PROVISIONS OF THE PANCHAYATS ( EXTENSTION TO THE SCHEDULED AREAS) ACT, Section- 4(i) of the PESA Act, 1996 stipulates that “The Gram Sabha or the Panchayats at the appropriate level shall be consulted before making the acquisition of land in the Scheduled Areas for development projects and before re- settling or rehabilitating persons affected by the such projects in the Scheduled Areas, the actual planning and implementation of the Projects in the Scheduled Areas shall be coordinated at the State level”.

ISSUES ARISING OUT OF LAND ACQUISITION WITH RELATION TO PESA Conduct of Gram Sabha In case of large scaled displacement( irrigation projects & Industrial projects), consensus is difficult to arrive at. Issue of “ Loosing everything”- Homestead land, agricultural land, emotional attachment, social, cultural & religious beliefs. Alternate Land for Rehabilitation & Resettlement. Dubious land transactions. Facilities for Rehab. colonies Damage by vested interest groups Difference of opinion regarding Land Acquisition Compensation. One year time limit between section 4(I) to section 6(I) and two year time limit between section 6(1) and section 11 Non-cooperation and Lack of response from Gram Sabha.

PROVISION OF FOREST RIGHT ACT. The Lok sabha on 13 th December, 2006 passed by voice vote the Scheduled Tribes and other Traditional Forest Dwellers( Recognition of Forest Rights) Bill, 2005, seeking to recognize and vest the Forest rights and occupation in forest land of forest- dwelling Scheduled Tribes and other traditional forest-dwellers. The cut-off date, has been fixed as December 13,2005. The dwellers would have to be residing in forest land for three generations or 75 years for entitlement to land rights and the rights to collect and market the forest products to the dwellers. Each family would be entitled to four hectares of forest land. The Act confers individual and community rights like for self cultivation, for livelihood, right of ownership, access to collect, use and dispose of minor forest produce, fishing, grazing etc. That also provides for diversion for forest land for 13 facilities managed by Govt. provided that such forest land is less than 01 hectare, less than 75 no.s of tree felling is involved and the same would have been recommended by the Gram Sabha.

LAND ACQUISITION ISSUES IN RELATION TO FRA. Retrospective or prospective In case of community claims, the extent of coverage of community area Gram sabha in case of claims over no-man’s land Extent of accepting CL. Territorial conflict. The FRA confers rights of livelihood to the tribals and traditional forest dwellers. So in case of land acquisition of the forest land, how would the compensation be calculated ? In case of tribals the relationship between them and forest is symbiotic. So in case of land acquisition, it becomes extremely difficult to get a consent for displacement / exchange. Process of ascertaining rights under FRA at the time of proposal for diversification of forest land for non forest use is to be “complete” or “satisfactory”

CONCLUSION PESA and FRA are legislations towards providing the rights to the villagers in scheduled areas / tribals / traditional forest dwellers to decide for themselves the manner of usage of their land and other resources. In the age of industrialisation and economic growth when the demand for land for various public purposes is on the rise, land acquisition following the laws of the land and at the same time respecting the voice of the local people has brought about various challenges before the administration, at times, even seeking the intervention of the judiciary. The challenge is to bring harmony between growth and development by taking the opinion of the stake holders along. Thank You.